SUMMARY: By this document the Occupational Safety and Health
Administration (OSHA) revises the effective date of the new final rule
for steel erection, Subpart R of 29 CFR Part 1926, which was published
on January 18, 2001. The original effective date was to be July 18,
2001. Since publication of the standard, however, employers have
contacted OSHA with a wide range of questions regarding whether, and
how, the standard will be applied to projects that are in various
stages of completion as of July 18, 2001. Specifically, employers have
expressed concerns about their ability to comply with the new standard
by that date, particularly with regard to provisions that address
construction safety design aspects of structural components. To address
these problems, and to allow additional time for the Agency to explain
the new standard to the affected industry, the effective date of the
standard is changed to January 18, 2002.

DATES: The effective date of the amendments to 29 CFR part 1926
published on January 18, 2001 at 66 FR 5196 is delayed from July 18,
2001 until January 18, 2002.

On January 18, 2001 (66 FR 5196) OSHA published a final safety
standard for steel erection, with an effective date of July 18, 2001. A
number of provisions in the final rule address the safety of certain
structural components. These provisions ("component requirements")
contain requirements for these components to help ensure that the
structure can be erected safely. For example, there are provisions that
prohibit shear connectors on members before they are erected
(§ 1926.754(c)(1)(i)); require all columns to be anchored by a
minimum of 4 anchor bolts, which must meet specified strength
requirements (§ 1926.755(a)) (there is a comparable requirement for
systems-engineered metal buildings, § 1926.758(b)); set requirements
for double connections (§ 1926.756(c)(1)) (there is a comparable
requirement for systems-engineered metal buildings § 1926.758(e));
require column splices to be at a specified height and meet a strength
requirement (§ 1926.756(d)); require perimeter columns to have holes
or other devices for perimeter safety cables (§ 1926.756(e)); in
some instances require a vertical stabilizer plate to stabilize steel
joists (§ 1926.757(a)(1)(i)); require certain joists to be strong
enough to allow one employee to release the hoisting cable without the
need for erection bridging (§ 1926.757(a)(3)), and require certain
joists to be fabricated to allow for field bolting during erection
(§ 1926.757(a)(8)(i)).

On January 20, 2001, Andrew H. Card, Jr., the Assistant to the
President and Chief of Staff, issued a memorandum entitled "Regulatory
Review Plan" (66 FR 7702). The memorandum directed that, with respect
to regulations published in the Federal Register that had not yet taken
effect, agencies were to temporarily postpone the effective date of the
regulations for 60 days, subject to certain exceptions.

Since publication of the standard, a number of employers in the
steel erection industry have asked whether the final rule will be
applied to projects in various stages of completion as of the effective
date. For example, they have asked if and how the standard will apply
to a steel erection project when: (1) The project was designed before
July 18, 2001; (2) the structural components were fabricated before
that date and do not meet the requirements in the final rule, and (3)
the steel erection work for the project began before that date and
construction is continuing afterwards.

II. New Effective Date

These questions have highlighted a need to give the industry
additional time to comply with the final rule. As explained below, we
believe that changing the effective date to January 18, 2002 will give
the industry sufficient time to adjust to the new requirements.

Based on information available to the Agency, we understand that,
while the design of structural components can be changed, some time is
necessary to make changes needed to conform to the final rule's
requirements. Components are typically fabricated 2 or 3 months prior
to being erected. Not only would it be very costly to have to
re-fabricate components that were already-made, such re-fabrication would
cause serious delays to the project, affecting all the trades involved.
The new effective date will give an additional 6 months to facilitate
these changes. The additional 6 months should ensure that re-fabrication
of already made components will be unnecessary. In addition, there will
be additional time for the Agency to conduct outreach activities on the
new standard, in order to inform employers and employees of the
requirements of the standard.

III. How The New Effective Date Will Be Applied to Component
Requirements

There are two situations that could cause significant confusion
under the new standard: (1) Components used in steel erection projects
that were designed before the final rule was published (January 18,
2001), and for which a building permit was obtained prior to that date;
and (2) components used in steel erection projects in which the steel
erection work has begun before the final rule becomes effective
(originally July 18, 2001, now to be January 18, 2002). We will apply
the component requirements of the final rule to these situations as
follows:

Building Permits Obtained Before January 18, 2001

It is easier to alter a structural design before the building
permit has been obtained, since changes prior to that point do not need
as many reviews and approvals as are needed afterwards. Therefore,
where a building permit was obtained before the final rule was
published (January 18, 2001), the component requirements referred to
above will not apply to the project.

Steel Erection Work Begins Before January 18, 2002

It would be difficult, costly and confusing to begin to comply with
the new component requirements to a project in which steel erection
work has started under the previous steel erection standard. (For
example, the column splice height on a lower floor affects the column
splice height on successive floors. The new standard makes significant
changes in this area.) Since the final rule was published on January
18, 2001, employers have been on notice that the new standard's stated
effective date was July 18, 2001, and they have been expected to make
plans to meet the new requirements. However, on May 14, 2001, the
Department published its Semi-Annual Regulatory Agenda (66 FR 25679),
in which the effective date of the final rule was listed as September
16, 2001. Since that publication, affected employers have expressed
confusion as to when the final rule would actually go into effect.

As of January 18, 2002, some steel erection projects will be partly
completed. Since some employers may have been expecting the rule to go
into effect on September 16, 2001 (rather than July 18, 2001), we will
use that date to determine whether projects partially completed on
January 18, 2002 will be subject to the component provisions in the
final rule. In sum, the component requirements of the final rule will
not be applied to those projects if the steel erection had begun on or
before September 16, 2001.

IV. Further Guidance on Section 1926.757(a)(3)

The Steel Joist Institute (SJI) has asked the Agency to delay
implementation of § 1926.757(a)(3) for two years. That provision
requires that, "where steel joists at or near columns span 60 feet
(18.3m) or less, the joist shall be designed with sufficient strength
to allow one employee to release the hoisting cable without the need
for erection bridging." SJI has informed OSHA that they have
encountered unanticipated problems in developing some of the longer
joists that will meet this requirement. OSHA intends to address this
issue separately.

Paperwork Reduction Act

The information requirements of the steel erection standard have
been approved under OMB Control Number 1218-0237. The present
regulatory action delays the effective date of that standard and
imposes no additional paperwork burdens.

Regulatory Flexibility Certification

Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601), the
Acting Assistant Secretary certifies that the delay in the effective
date of the steel erection standard will not have a significant adverse
impact on a substantial number of small entities.

Executive Order 12866

The delay in the effective date of the steel erection standard is
not a significant regulatory action for the purposes of Executive Order
12866.

Exemption from Notice and Comment

To the extent that 5 U.S.C. 553 applies to this action, the
Secretary finds that good cause exists to exempt this action from
notice and comment, and to make it effective immediately upon
publication today in the Federal Register. 5 U.S.C. 553(b)(B), 553
(d)(3).

As discussed above, prior official statements may have left the
regulated community uncertain about when it would need to comply with
the steel erection rule. In the last several weeks, OSHA has received a
significant number of inquiries manifesting this uncertainty. The rule
is currently scheduled to take effect on July 18, and the regulated
community has an immediate need to know its obligations under the
standard. In addition, the additional time needed for notice and
comment would add further uncertainty about compliance obligations
during that period. Accordingly, the Agency has determined that there
is good cause to dispense with notice and comment and to make this
delay effective immediately.

In summary, given the imminence of the effective date of the steel
erection standard, seeking prior public comment on this delay is
unnecessary and impracticable, as well as contrary to the public
interest in the orderly promulgation and implementation of regulations.

Authority

This document was prepared under the direction of R. Davis Layne,
Acting Assistant Secretary for Occupational Safety and Health. It is
issued under Section 107 of the Contract Work Hours and Safety
Standards Act (Construction Safety Act) (40 U.S.C. 333), Sections 6 and
8 of the Occupational Safety and Health Act (29 U.S.C. 655, 657), and 5
U.S.C. 553.

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